GHULAM NABI BHAT Vs. MOHD. ABDULLAH & ORS.

JUDGEMENT

(1.) On 17 August 2009 CMP no. 430/09 for the reasons stated therein was allowed and Civil Second Appeal (C2A 12/09) permitted to be filed without copy of the decree sheet impugned in the appeal. However, the non-applicant/appellant was asked to place on record certified copy of the decree sheet dated 31st July, 2009, within two weeks. The non-applicant/appellant appears to have abided by the order dated 17 August 2009 and placed on record copy of the decree dated 31/07/2009 called in question in the CSA. The application to which the certified copy of the decree sheet is appended stands duly entertained by the Registry.

(2.) The applicants/respondents in the application in hand i.e. IA 694/2009 insist that earlier application for exemption from placing certificated copy of the decree sheet with the memorandum of appeal was based on erroneous and incorrect facts. The non-applicant/appellant, according to the applicants/ respondents, committed a fraud upon the court by pleading that he had filed an application for issuance of the copy of the decree sheet with the competent authority and that the certified copy of the decree sheet had not been made available to the non-applicant/appellant constraining him to seek permission to file the Civil Second Appeal in absence of the copy of the decree sheet. It is pleaded that the application addressed to the Superintendent Copy Branch of the concerned court as a matter of fact related to some different case decided in the year 2006 and not the case in hand and that the non-applicant/appellant actually filed an application for issuance of certified copy of the decree sheet on 20 August 2009. The applicants/respondents pray that the order dated 17 August 2009 be recalled, the permission withdrawn and the appeal dismissed.

(3.) The non-applicant/appellant in his objections filed on 09-3-2010 has disputed the averments made in the application and insisted that no ground was made out for recalling the order dated 17 August 2009. The non-applicant/appellant denies that any fraud, deception or manipulation was practiced and that because of a bona fide mistake, copy of application not pertaining to the matter in question was placed with the application for grant of leave to file CSA in absence of the copy of the decree sheet appealed against.